On June 3, 2022, the Court of Appeals for the Federal Circuit affirmed a $16.7M judgment in favor of client Pavo Solutions, LLC against defendant Kingston Technology, Co. The Court’s decision secured a jury verdict that RAK obtained previously in the Central District of California, which included a jury finding of willful infringement and a 50% enhancement of the awarded damages by the District Court. In a precedential decision, the Court affirmed a difficult and rare issue of judicial correction of an issued patent claim, confirmed that an infringer may not escape a finding of willful infringement merely based on an error in a patent claim, clarified what may be considered in determining reasonable royalty damages, and provided guidance on when certain issues are forfeited and not preserved for appeal. Pavo is represented by Russ August & Kabat attorneys Benjamin T. Wang, Marc Fenster, Andrew D. Weiss, Adam S. Hoffman, Jacob R. Buczko, and Minna Y. Chan. Read the Opinion.
